Changes To Ohio's Consumer Law Head To Kasich's Desk

Groups Say Changes Make Law Among Weakest In Nation

Ohio businesses sued for unfairness or deception would be exempt from paying certain damages if a consumer rejects a settlement offer and is later awarded less in court, under a bill the governor is expected to sign.

By a 56-35 vote, the Ohio House on Tuesday accepted changes the Senate had made to a previous version of the GOP-backed bill, clearing the way for it to go to Republican Gov. John Kasich.

Proponents say it will allow cases to move more quickly through the courts and help both consumers and businesses, The Columbus Dispatch reported.

"Under the current system, in many cases, these cases draw out for extended periods of time, and at the end of the day, all too often, the consumer ends up getting less than they expected," said state Rep. Ron Young, a LeRoy Township Republican. "The supplier ends up paying more than they expected, and in far too many cases, the attorneys walk away more than whole."

But the National Consumer Law Center has said Ohio would have one of the weakest consumer protection laws in the country if the bill is signed, creating new obstacles for buyers and reducing incentives for companies to change unfair or deceptive practices.

The bill includes what's referred to as a "right to cure" provision backed by several business groups, including auto dealers. It allows the business sued to make a monetary "cure" offer to the buyer.

If the consumer rejects the offer, the lawsuit would move forward. If the court awards less, the consumer could not benefit from current provisions that allow a buyer to collect three times the financial damage, court costs and attorney fees.

Democratic state Rep. Dennis Murray of Sandusky said the Consumer Sales Practices Act that would be affected by the bill has long defended consumers and that the new legislation would favor those with access to "endless piles of money and lobbyists."

"For over 40 years, the Consumer Sales Practices Act has allowed ordinary Ohioans to step into a court with an attorney at their side as an equal to a Fortune 500 company," he said.